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The Will of George Dale 1865

Transcribed by Frank Dunn

The Will of George Dale 1865

This is the last Will and testament of me George Dale of Dudwood in the
Liberty of Elton in the County of Derby, Farmer. First I will and direct

that all my just debts funeral and testamentary expenses shall be fully paid
and discharged out of my personal Estate.
I give and devise all that my dwelling house called the Old House and with
stable and the appurtenances occupied by James Hawley and also all that
allotment with the appurtenances at the Green situate at Birchover in the
Liberty of Stanton in the County of Derby in the occupation of George
Marsden unto my nephew John, the son of my late brother John Dale.
I give and devise all those two dwelling houses called the New Houses with
the appurtenances also situate at Birchover Liberty of Stanton aforesaid
occupied respectively by Samuel Davies and also all that my part or share of
Upper Town Croft lately purchased by my Nephew Richard Dale with the
appurtenances in the occupation of John Dale and also all those closes
pieces or parcels of land which were devised to me and my Brother Richard by
my late father John Dale situate in the Liberties of Bonsall, Elton and
Brassington All in the County of Derby and occupied as follows, those in
Bonsall by Benjamin Marsden, the others by myself. To hold the said Houses
part of Croft and Closes with their appurtenances To my Nephew John Dale,
Son of my \Brother Richard Dale
All those two Fields called Barn Close and Upper Barn Close situate in the
Liberty of Elton aforesaid in the occupation of Richard Mountney with the
appurtenances I give and devise equally unto my two nephews William and
George Mountney and yo their heirs executors administrators and assigns for
ever all that Field called Contest and all that land called Coast Rake with
the Hillocks And also all that field called Watt's Field in two All situate
in the Liberty of Elton and occupied by Richard Mountney with their
respective appurtenances I give and devise equally unto my Nephews Richard
Dale alias Marsden the son of my \brother Richard Dale and Elizabeth Dale
(late Marsden born) out of wedlock, George Dale, Matthew dale and Stephen
Dale, Also sons of my said brother Richard Dale .
All that my one field situate an Elton Moor aforesaid called Elton Common in
the occupation of Jacob Gregory of Birchover with the appurtenances I give
and devise unto my Niece Catherine Dale Marsden, the daughter of my said
Brother Richard Dale and his Widow Elizabeth Dale (late Marsden)(Born out of
wedlock). All those fields called Millner Fields and Nalivin Field situate
on Elton Moor aforesaid and occupied by myself and Richard Mountney with the
appurtenances I give and devise unto my two nephews Joseph and Francis Dale,
sons of my said Brother Richard Dale equally. All those Fields on
Brassington Moor aforesaid containing eleven acres or thereabouts in the
occupation of Benjamin Elliott of Grange Mill I give and devise with the
appurtenances as follows that is to say one third part or share I give in
equal shares unto my two illegitimate daughters Elizabeth Fantum and Hannah
the Wife of James Percival, both daughters of Mercy Fantum now the wife of
Samuel Longden and the remaining parts or shares with the appurtenances I
give and devise unto the children of my Sister Sarah the Wife of Thomas
Haynes in equal parts namely Sarah, William, John and Esther subject
nevertheless to the payment of seven pounds per annum unto their mother
Sarah Haynes aforesaid for her own absolute use and benefit during her
natural life. And I will and direct that my Executors receive the rents of
the said remaining shares and pay there out first the before named amount to
my said Sister Sarah Haynes by such instalments as she and they shall agree
upon. And her receipt alone shall be a full and sufficient discharge to my
Executors notwithstanding any husband she may have. And the remainder of
such rents (if any) they shall divide equally amongst her said children.
All those two Fields called Gatcliffs in Elton Liberty aforesaid occupied by
Richard Mountney with the appurtenances I give and devise in equal shares
unto my nieces Hannah, Sarah, Ellen, Harriet and Esther Ann Dale the
daughters of my aforesaid Brother Richard Dale, my Niece Sarah, the wife of
Henry Walker and Large Mountney the son and daughter of my sister Esther the
wife of Richard Mountney. All than field called Town End Close in Elton
aforesaid with the appurtenances I give and devise unto my nieces Catherine,
Hannah and Emily the daughters of my said sister Esther and Catherine Dale
Marsden before named in four equal shares subject nevertheless to the
payment there out of one pound per annum unto my before named Sister Sarah
during her life under the same regulations and directions as the seven
pounds per annum charged upon shares of Land devised hereintofore to her
children. All that field in Elton aforesaid called Honey Spots with the
appurtenances in the occupation of Richard Mountney. I give and devise unto
my Nephews John Dale, son of my late Brother Richard and William and George
Mountney Sons of my Sister Esther in three equal shares. All the above Real
Estate I give and devise unto my before named Children, Nephews and Nieces
and their respective heirs, executors, administrators and assigns for ever
as Tenants in common and not as joint tenants.
I give to my nephew George Dale alias Gregory, Son of my brother John and
his Wife Grace Dale late Gregory born out of Wedlock one hundred pounds. I
give unto my Nephew Stephen, son of my said Brother John One hundred and
fifty pounds. I give unto my Nephew Richard, Son of my said Brother John
Dale fifty pounds. I give unto my Niece Hannah, the Wife of Samuel Gregory
Twenty pounds. All the rest residue and remainder of my Real and personal
Estate and Effects I give devise and bequeath in equal shares unto my
Nephews and Nieces without distinction including every before named devisee
and any that are not named being nephews or nieces and if any one of the
above named devisees die before receiving his or her share or shares of Real
or personal Estate or his or her Legacy without having lawful issue then I
give his or her such share or shares or Legacy in equal parts unto his or
her surviving Brothers and Sisters. And lastly I appoint my two nephews John
Dale and Stephen Dale, Sons of my Brother John Dale Executors of this my
Will And hereby revoking all my former Wills by me at any time heretofore
made do publish and declare this to be my last .
As witness my hand this twenty first day of January in the year of our Lord
one thousand eight hundred and sixty five-------------George Dale--------
Signed published and declared by the Testator George Dale of Dudwood in the
presence of us who at his request in his presence and in the presence of
each other have hereunto subscribed our names as Witnesses the words of
Elton being written above the first line before signing as also the word
first in its present state in the last line ----Francis Millner-Hannah
Millner both of Dudwood Lane in Elton aforesaid.
Proved at Derby the third day of October 1865 by the oaths of John Dale and
Stephen Dale, the Nephews / Sons of testators brother John /the Executors to
whom Administration was granted.
The Testator George Dale was late of Dudwood in the Liberty of Elton in the
parish of Youlgreave in the County of Derby, Farmer and died on the twenty
third day of August 1865 at Dudwood aforesaid.  Effects under £1000
Extracted by S '& HS Chinn. Proctors, Derby.
Effects revision at the stamp office April 1867 under £1500

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